Man given probation in shooting of loose dog

MEDIA COURTHOUSE — A 65-year-old Chester man convicted on a reckless endangerment charge last month for shooting a loose dog last April was sentenced to one year of probation.

Charles Holland, of Chester, testified during a jury trial before Judge George Pagano that he and his wife, Vera Fort, were walking their two small dogs in Chester Park when a larger bully breed came running toward them.

The dog knocked over Fort and had gotten on top of her. Holland said Fort kicked the dog away as Holland pleaded with the owner to restrain her dog.

At some point, the dog backed up and Holland got between the two of them. Holland, who was registered to carry a concealed weapon, fired a single round into the back of the dog’s neck, whihc exited through its chest. The dog’s owner, Liza Kerns, was also struck in the thumb. Fort suffered a puncture to her leg that she believed came from a bite.

Kerns had testified that she had assured Holland her dog, Snickers, was not vicious and, seeing Holland armed, tackled the animal. Kerns and her boyfriend, James Malkowski, testified she had one arm around the dog’s neck and enough time to shout, “I got her,” at least twice before Holland fired.

Holland was acquitted of simple and aggravated assault charges, but convicted on reckless endangerment. Snickers, an Old English Bulldog, has since recovered.

Assistant District Attorney Sean McNabb read a letter from the victim in court Friday.

“It may not seem too serious of an injury, but the fact is I was shot, whether by intent or accident,” he read. “I am the one living with the nightmares and pain. My dog will never be the same. ... I am the one who was victimized by a careless, irresponsible person.”

Holland, a Vietnam War veteran and Purple Heart recipient, apologized to the victim Friday, explaining that he was simply trying to protect his wife.

“I never intended to injury Miss Kerns,” he said. “It never occurred to me that Miss Kerns would be able prevent further injury to my wife. I was so focused on the dog, I simply did not see Miss Kerns enter the line of fire.”

While McNabb had asked for $4,735 in restitution to cover medical expenses for both Kerns and Snickers, defense attorney Mark Much argued Holland should not have to pay for the veterinary bills because he had not been charged with animal abuse or anything of that nature.

Pagano wrestled with that element, but eventually concurred because the jury had not decided that issue.

He did agree with McNabb that the firearm should be forfeited, but deferred to the discretion of the Delaware County Sherif’s office to decide whether Holland should have his permit revoked.

In addition to probation, Holland will have to perform 48 hours of light community service and pay $3,579 to cover Kerns’ medical expenses.

“I don’t believe you intended to hurt anybody,” Pagano told him. “I don’t believe that you did, but you did. And I don’t doubt that you were under stress at the time this all occurred and I don’t dispute that you may not have seen the victim there. But the fact is she was there, and under your own testimony, you know that before you discharge a firearm you’ve got to be really careful and in this case, you weren’t.”